TO ALL BRANCHES AND REPRESENTATIVES
ALL UNDERGROUND AND FORMER LT EMPLOYERS
24th April 2018 Circular No: IR/209/18
BREAKDOWN IN INDUSTRIAL RELATIONS – KEOLIS AMEY DOCKLANDS
Further to my previous Circular (IR/135/18, 9th March 2018), the second round of strike action from Friday 20th to Tuesday 24th April was suspended at the final moment after 13 days of intensive talks at ACAS led to progress on the issues in this dispute.
The following summarises the progress made in the talks on each of the issues at the heart of this dispute:
KAD Failing to Honour Agreements
- KAD will honour the 2-year PSA roster pattern
- KAD to trial 3 months visibility for the PSA parameter agreement, with management and PSA reps to determine success criteria over the next two weeks.
- KAD will roster PSAs for 1820 hours per annum. Staff who have worked in excess of 1820 hours in 2017 will be credited time off in lieu or the equivalent hours will be removed from their 2018 requirement, as agreed by the individual staff member.
- KAD agree that rosters for other grades are negotiable and completed using the agreed Collective Bargaining Machinery.
Training needs being neglected
- KAD commits to train, retrain and maintain licences for employees to undertake the role that they are currently employed to do. Any changes to be consulted.
Misuse of Attendance/Capability Issues
- KAD to adhere to existing capability policy which includes wording that identifies that termination for reasons of medical capability will only be instigated following advice by GP or medical specialist.
Tax Bill to Members
- KAD to offer financial assistance to anyone affected. Initially, staff to approach a member of the HR team to discuss it confidentially. Staff whose child benefit was affected and who can demonstrate a loss to have case reviewed by KAD/RMT Organiser and ACAS.
Health and Safety Issues
- Outsourcing of gritting occurred prior to KAD taking over the contract. KAD to ensure that future work to be undertaken by competent people.
- Agreement on use of contractors applied to all grades covered by collective bargaining. KAD commits to only utilising agency staff when all reasonable steps have been taken to exhaust internal resources for needs and requirements.
- Air Quality Assessment results, Depot Assessments for hazardous substances and Risk Assessments to all be resolved via the Health and Safety Forum.
RMT Reps consulted affected members and the consensus was that the proposals from the Company were sufficient to suspend the industrial action. This position was endorsed by the National Executive Committee and all parties were informed accordingly. As always, the Union will remain vigilant to ensure the terms of this agreement are properly adhered to.
DISMISSAL, L. VIGO, TRAIN OPERATOR, BAKERLOO LINE – LUL (LUL/4/1)
The following resolution was recently received from our Bakerloo Line Branch:-
“This Branch notes the recent Employment Tribunal decision that ex-Queen’s Park Train Operator Luis Vigo was unfairly dismissed by London Underground last year following a minor non-safety related staff error. Furthermore, it is clear to see that the investigating managers and the CDI panel conspired against Mr Vigo by compiling a heavily biased CDI brief and by repeatedly failing to investigate any evidence which was inconvenient to their cause.
Whilst we welcome the fact that these managers’ shenanigans did not fool the Employment Judge, the fact is that Mr Vigo remains jobless. Whilst he may be due financial compensation, it is totally unacceptable that LU should be allowed to sack a member of staff for a trivial offence and in a manner which might make a sweat-shop owner blush.
This branch believes that it is important that our employer abides by the many agreements, policies and procedures we have fought for in the past, and respects the fundamentals of natural justice in its treatment of staff; it is the job of our union to ensure this happens.
We see the company’s attack on Mr Vigo as an attack on us all because it sets a dangerous precedent. Therefore, this branch resolves to ensure justice is done by securing the reinstatement of Luis Vigo and calls on our union to ballot train staff combine-wide for strike action and action short of a strike in pursuance of this objective”.
This matter has been considered by the National Executive Committee, which has taken the decision to organise a Reps meeting to discuss this matter and its resolution. I am currently acting in accordance with this decision and will keep you advised of all developments.